Zim Israel Navigation Co. Ltd. v. Paltainer (Export) Ltd.

Zim Israel Navigation Co. Ltd. v. Paltainer (Export) Ltd.
Court (s) Database
Federal Court Decisions
Date
2005-06-01
Neutral citation
2005 FC 789
File numbers
T-724-03
Decision Content
Date: 20050601
Docket: T-724-03
Citation: 2005 FC 789
Between:
ZIM ISRAEL NAVIGATION COMPANY LTD.
Plaintiff
AND
PALTAINER (EXPORT) LTD.
and
McMILLAN CONROY MACHINERY
and
RATCLIFFS CANADA INC.
and
THE CARGO OF MACHINERY STOWED
IN CONTAINER NOS. CLHU4147671, CLHU4293505, CLHU4308375,
CRXU4519625, GSTU8999854, ICSU1854183, INBU4808531,
TEXU4848196, ZCSU2221649, ZCSU2299987, ZCSU2318140,
ZCSU2348090, ZCSU2362740, ZCSU2380640, ZCSU2493462,
GCEU8503435, GCEU8521130, GCEU8522116, TOLU4781140,
TOLU4781454, TOLU4998429, TRLU9221479, UXXU5003356,
ZCSU4002510, ZCSU4002819, ZCSU4003245, ZCSU4003625,
ZCSU4003672 and ZCSU4007066
Defendants
ASSESSMENT OF COSTS -REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] On July 19 and November 17, 2004, the Court ordered that the Marshall's fees and expenses, as well as the Plaintiff's claim for its solicitors' costs, be taxed and paid against the fund created by the sale of the cargo.
[2] The assessment of those costs proceeded on April 22, 2005 by teleconference in the presence of Mr. David G. Colford, counsel for the Plaintiff, and Ms. Christine A.M. Fisher, counsel for the Defendant Ratcliffs Canada Inc. Solicitors for the Defendants Paltainer (Export) Ltd. and McMillan Conroy Machinery indicated prior to the hearing that they were not contesting the present bills of costs.
[3] At hearing, Mr. Colford explained that the process concerning the sale of the cargo was fairly complicated and required numerous communications. As for Ms. Fisher, she mentioned that the amount obtained in the tender was a good result even if she considers the present claims slightly high.
[4] In regard to the above and the evidence submitted by the Plaintiff, the bills of costs are taxed as filed as follows: $ 11,298.80 for the Marshall and $ 14,602.44 for the Plaintiff.
[5] A certificate in the amount of $ 25,901.24 is issued accordingly.
DATED AT MONTREAL THIS 1ST DAY OF JUNE, 2005.
Signed: « Michelle Lamy »
MICHELLE LAMY
ASSESSMENT OFFICER
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: T-724-03
STYLE OF CAUSE:
Between:
ZIM ISRAEL NAVIGATION COMPANY LTD.
Plaintiff
AND
PALTAINER (EXPORT) LTD.
and
McMILLAN CONROY MACHINERY
and
RATCLIFFS CANADA INC.
and
THE CARGO OF MACHINERY STOWED
IN CONTAINER NOS. CLHU4147671, CLHU4293505, CLHU4308375,
CRXU4519625, GSTU8999854, ICSU1854183, INBU4808531,
TEXU4848196, ZCSU2221649, ZCSU2299987, ZCSU2318140,
ZCSU2348090, ZCSU2362740, ZCSU2380640, ZCSU2493462,
GCEU8503435, GCEU8521130, GCEU8522116, TOLU4781140,
TOLU4781454, TOLU4998429, TRLU9221479, UXXU5003356,
ZCSU4002510, ZCSU4002819, ZCSU4003245, ZCSU4003625,
ZCSU4003672 and ZCSU4007066
Defendants
ASSESSMENT BY TELECONFERENCE ON APRIL 22, 2005
PLACE OF TAXATION: Montreal, Quebec
ASSESSMENT OF COSTS -
REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF REASONS: JUNE 1, 2005
ATTENDANCE:
Mr. David G. Colford for the Plaintiff
Ms. Christine A.M. Fisher for the Defendant Ratcliffs Canada Inc.
SOLICITORS OF RECORD:
Brisset Bishop
Montreal, Quebec for the Plaintiff
Paterson MacDougall LLP
Toronto, Ontario for the Defendant and Third Party Paltainer (Export) Ltd.
Martin, Camirand, Pelletier
Montreal, Quebec for the Defendant McMillan Conroy Machinery
O'Connor MacLeod Hanna LLP
Oakville, Ontario for the Defendant and Third Party Ratcliffs Canada Inc.